In New Hampshire, DWI and DUI both stand for driving while under the influence of intoxicating liquor or drugs. A person who drives or is in actual physical control of a motor vehicle, upon a way, and who is impaired to any degree from the use of drugs or alcohol, can potentially be convicted of DWI.

It is important to understand that an operator only has 30 days to contest an initial driver’s license suspension and request a hearing at the NH DMV.

◦ Minimum fine of $500.00 (plus a 24% penalty assessment), and 9 months up to 2 years loss of license, completion of the impaired driver care management program.

• Aggravated DWI – Class A Misdemeanor

◦ .16% blood alcohol level (or other factors such as excessive speed, and attempts to elude police while under the influence of alcohol) Minimum fine of $750.00; license loss for 18 months up to 2 years (may petition the Court to reduce to 12 months after completion of the alcohol program. Minimum 5 days in the House of Correction and completion of the relevant alcohol education program. Interlock device will be required at the time of restoration.

• DWI, 2nd, or subsequent offense – Class A Misdemeanor

◦ Prior conviction of DWI within the last 10 years. Minimum fine of $750.00; loss of license for 3 years, minimum. If prior conviction within 2 years, 37 days House of Correction sentence including the relevant alcohol education program.

A criminal case begins with an arrest. An arrest must be based on probable cause. This means that the arresting officer must have sufficient facts to believe that the defendant has committed a crime. Crimes in NH are categorized at different levels of seriousness:

1. Violations – Non-criminal offenses such as a traffic tickets. These offenses can carry a fine up to $1000.00.

2. Class B Misdemeanors - Criminal offenses that can carry a fine of $1200.00, but do not carry any jail time.

3. Class A Misdemeanors – Criminal offenses that carry fines of up to $2000.00 and up to 1 year in jail.

4. Class B Felony – Criminal offenses that can carry up to a $4000.00 fine and 3 ½ to 7 years in the New Hampshire State Prison.

5. Class A Felony – Criminal offenses that can carry large fines and 7 ½ to 15 years in the New Hampshire State Prison.

The Criminal Trial Process

1. Bail

After an arrest, a defendant will usually be entitled to bail.

2. Arraignment (violation and misdemeanor cases)

In violation and misdemeanor cases, a defendant’s first court appearance will be the arraignment. At an arraignment a defendant is formally charged and must enter a plea.

3. Probable Cause Hearing and Indictments (felony cases)

In felony cases, the district court will schedule an arraignment to set bail and a probable cause hearing. Once the court determines that probable cause existed at the time of the arrest, the case will be bound over to the Superior Court for possible indictment and to be scheduled for a jury trial.

4. Discovery

After arraignment, the defendant is entitled to receive all the police reports, photographs, witness statements, or any other evidence the State intends to use to prove that the defendant broke the law. This is called the discovery process.

5. Trial

Trials in New Hampshire can take place in the District Court for violations and misdemeanors, in front of a single judge. Felony cases are always heard in Superior Court where the defendant then has the right to pick either a single judge trial, or a jury trial.

6. Appeals

The defendant may appeal a guilty decision to the New Hampshire Supreme Court within 30 days. The Supreme Court can overturn a conviction if an error of law was made during the trial. Our office has successfully had a multiple count felony level conviction overturned by the NH Supreme Court in 2017.

Cleaning up your record - Annulments and Expungements

Most people forget the all to important part of cleaning up your record. In today's internet age, it is all too simple for anyone to check your criminal records and many commercial website's now allow anyone to check your background very easily and without a reason. Not to mention that most all employers and even school programs now check criminal records, which could cost you big time. In NH, the process for removing criminal conviction(s) and even arrest records can be done fairly inexpensively. If you have an old criminal conviction (even multiple convictions), at any level, or even an arrest records on a case that was dropped, contact our office and we can assist you in cleaning up your record.